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S.D.N.Y.Procedural orderFiled Aug. 28, 2023

Jackson v. Brass and Burl, Inc.

Judge
Clarke
Docket
1:23-cv-01262
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In Jackson v. Brass and Burl, Inc., Judge Clarke reassigned the case and reset a status conference while preserving existing orders and deadlines.

Who this affects

The parties and their counsel are affected by the reassignment, the rescheduled status conference, and the required joint letter and filing procedures.

What happened

Sylinia Jackson v. Brass and Burl, Inc. was reassigned to Judge Jessica G. L. Clarke on August 28, 2023. The court did not decide the underlying dispute.

Existing orders, dates, and deadlines will remain in effect unless the court orders otherwise. The court moved the remote status conference from December 8 to December 14, 2023, at 2:00 p.m., and required the parties to file a joint case-status letter one week beforehand.

Judge Clarke ordered the letter to address counsel, the case and defenses, jurisdiction and venue, deadlines, conferences, motions, appeals, discovery, settlement discussions, alternative dispute resolution, trial length, and other information useful to moving the case toward settlement or trial.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Jackson v. Brass and Burl, Inc. · No. 1:23-cv-01262
Judge
Clarke
Date
Aug. 28, 2023

Nature of the Order

This is a notice of reassignment and case-management order. The case was reassigned to Judge Jessica G. L. Clarke. The order does not decide the parties’ underlying legal claims or defenses.

Conference and Existing Deadlines

Unless the court later orders otherwise, all prior orders, dates, and deadlines remain in effect despite the reassignment, including the order identified as ECF No. 17. The status conference previously scheduled for December 8, 2023, was rescheduled to December 14, 2023, at 2:00 p.m. The conference will be held remotely through Microsoft Teams before Judge Clarke.

Required Joint Letter

No later than one week before the status conference, the parties must file a joint letter on the court’s electronic filing system. The letter replaces the letter previously requested under ECF No. 17 and may not exceed five pages. It must separately address:

  1. The names and current contact information of counsel;
  2. The nature of the case, principal defenses, and major legal and factual issues;
  3. Why federal jurisdiction and venue are proper, including specified citizenship information for parties and entities when jurisdiction is based on diversity of citizenship;
  4. Existing deadlines and cutoff dates;
  5. Previously scheduled conferences that have not occurred and the matters to be discussed;
  6. Outstanding motions and the relief requested;
  7. Pending appeals;
  8. Discovery completed and discovery still needed for meaningful settlement discussions;
  9. The status of prior settlement discussions without stating exact offers or demands;
  10. Discussions about alternative dispute resolution and whether a settlement conference, the district’s mediation program, or a private mediator would be appropriate;
  11. The estimated trial length; and
  12. Other information that could help move the case toward settlement or trial, including dispositive or novel issues.

If the case has been settled or otherwise terminated, counsel do not have to file the letter or appear if proof of termination is filed on the docket before the deadline using the appropriate filing event.

Extensions and Adjournments

Requests to extend a deadline or adjourn the conference must be made by a letter-motion filed electronically at least 48 hours before the deadline or conference. The request must identify the original and requested new dates, prior requests and their outcomes, the reason for the request, the opposing party’s position, and, when applicable, the date of the next scheduled court appearance. Unless the parties are notified that the conference has been adjourned, it will proceed as scheduled.

Disposition

Judge Clarke entered the reassignment and case-management directives described above. The opinion contains no merits ruling, dismissal, judgment, or ruling on a motion.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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